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Mohammad Faizulla Vs. Govt. of Bangladesh, 1979, 8 CLC (HCD)
....h, 1971 shall, subject to the Proclamation of Independence dated 10th April 1971, continue to be so in force with such consequential change as may be necessary on account of the creation of sovereign independent State of Bangladesh. On a perusal of the aforesaid provisions of law it would appear tha......ition No.527 of 1979 petitioner Mohammad Faizullah, Deputy Secretary, Government of Bangladesh, Ministry of Local Government, Rural Development and Co-operatives, was selected for permanent appointment in 1965 by the erstwhile Government^ of Pakistan as a member of the former Civil Service..Category: Administrative Law, Employment/Service Law | Date: 10 Sep, 1979 | Hits: 1
....d order. In the result the rule is discharged without any order as to costs.
Rafiqur Rahman J. — I agree,
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 332
......reconciled. Since the petitioner according to his own statement, is free to carry on political activities he stands excluded from the definition of a Government Servant. The Petitioner's order or appointment shows that he was to act as Deputy Attorney General until further orders". This pro..
Category: Administrative Law | Date: 2 Aug, 1979 | Hits: 1
....der section 27(1) of the Special Powers Act corresponding to an action under section 190(1)(b) of the Code of Criminal Procedure, In such a case the Special judge takes cognizance independent of section 190(1)(b) and on the basis of the power as contained in section27(1...... accordingly discharged. The order staying proceedings of the case is vacated.
A.T.M. Masud J.—I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 241.
..
Category: Criminal Law | Date: 9 Mar, 1979 | Hits: 1
....ned Attorney General has relied on the following passage:
"In this country too, the functions of Government are divided into three distinct branches legislature, executive and judicial-each independent of the other whilst acting within its own sphere. For the harmonious working of such a s...... a direction "to do that which is required by law to do."
In the result, therefore, both the petition are dismissed.
Ed.
This Case is also Reported in: 1 BLD (AD) (1981) 91
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Category: Constitutional Law | Date: 9 Mar, 1979 | Hits: 2
Chowdhury Md. Yusuf Vs. Bangladesh Biman, 1979, 8 CLC (HCD)
....articipation in the War of Liberation". They have contended that the Government got no power to fix up or disturb seniority in service of employees of the Corporation which, they maintain, it is independent of the Government in the matter of service conditions of its employees. Both these petit......verning the service matters in absence of Government approval, he has explained, these rules were followed as embodying the terms and conditions of service of the Corporation's employees, and all appointment, dismissal and termination were governed by these terms and conditions till the country ..Category: Administrative Law, Constitutional Law | Date: 19 Jan, 1979 | Hits: 2
A.H.M Abdul Hai Vs. Bangladesh and others, 1978, 7 CLC (HCD)
....s made absolute, however, without any order as to costs. Shahibuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 88 ......until further order as District Population Control and Family Planning Officer with effect from 21-8-75 on recommendation of the Public Service Commission. From this notification it is clear that the appointment of the petitioner was made by the proper authority after considering his past record. Ev..Category: Administrative Law, Employment/Service Law | Date: 23 Nov, 1978 | Hits: 8
Rahimuddin Ahmed Vs. Bengal Water Ways Ltd. and another, 1978, 7 CLC (HCD)
.... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ...... in filing of an appeal to the Appellate Division has been made but it is rejected. Abdal Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 28 ..Category: Company Law, Corporate Law | Date: 28 Jul, 1978 | Hits: 6
Anwarul Huq Khan Vs. Govt. of Bangladesh and others, 1978, 7 CLC (HCD)
.... a proceeding but it provides that he may be suspended only in connection with a proceeding which has been drawn or is about to be drawn. Since suspension is hot punishment there can be no suspension independent of any enquiry or proceeding aiming at some punishment as specified in the Rules. Mr. Ah......o. He maintains that the petitioner did not hold the post of Chairman, Tariff Commission substantively; a number of orders-Annexures A, B, C, D, E, F were made in connection with the petitioner's appointment since his reporting to the Government at Mujibnagar. The first order is dated 6-9-71, An..Category: Civil Law, Employment/Service Law | Date: 19 Jul, 1978 | Hits: 1
Moulana Syed Ahmed Vs. Nurul Islam & others, 1978, 7 CLC (HCD)
....e learned Magistrate is directed to proceed with the case in accordance with law. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 13. ......mitted report to the learned Sub-Divisional Magistrate recommending attachment of the land under section 145 Cr.P.C. and for restraining both the parties from entering into the land and for appointment of Receiver. 3. The learned Sub-Divisional Magistrate by his order dated 23-8-72 dr..Category: Criminal Law | Date: 18 Jul, 1978 | Hits: 1
R.R. Textile Mills Ltd. & others Vs. Din Mohammad & others, 1978, 7 CLC (HCD)
....nt back to the Labor Court for disposal according to law. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 346. ...... authority, of any wages, bonus, allowance etc. "which is in excess of" what is so determined by the Government. This Article, he contends, does not curtail the Manager's power of usual appointment, promotion and increment of workers in his Mills. By the impugned order usual promotions..Category: Labour and Industrial Law | Date: 5 Jul, 1978 | Hits: 3
.... 25 CLJ. 530.
“We need not discuss whether an adverse claimant, who has no community of interest with the parties to the suit, is in no view a cotenant with them, but stands out on his own independent right and denies all right in his adversaries, can be drawn into a partition suit for de......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Haji Joynal Abedin Vs. State, People's Republic, Bangladesh others, 1978, 7 CLC (HCD)
....f the President to the nation wherein the President who is also the Chief Martial Law Administrator in his message to the nation from the national hook up said :- “I have observed that the independent and free minded people of Bangladesh did not accept the politics and state system introd....... N.H. Khondkar, the learned Advocate who has appeared in this case as Amicus Curiae. Abdul Malek J.- I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 371. ..Category: Administrative Law, Criminal Law | Date: 4 May, 1978 | Hits: 3
Commissioner of Income Tax, Chittagong Zone Vs. M/S. Pakistan Tubewell Company, 1978, 7 CLC (HCD)
....case of 'Jeshinghbhai Ujamshi Vs. Commissioner of Income Tax, Bombay’ In Income Tax Report XXVIII of 1955. In that case there were two firms at two different places carrying on separate and independent business, but the partners and their respective shares were common in both the firms. De......ions are allowed and the rules are made absolute, without, however, any order as to costs. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 104 ..Category: Corporate Law, Fiscal/Taxation Law | Date: 14 Apr, 1978 | Hits: 3
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
.... nature of a police power designed for taking preventive action in an emergent situation rests upon merely the satisfaction of the authority.” If the function of the provisio is to play an independent role then the second provisio to sub-section (4) can not be stated to be a proviso only ......ackground the High Court posed the question by saying:- “The question to be determined it at what stage of the proceeding initiated u/s 145 Cr.P.C. can an order of attachment and appointment of receiver be passed or, to put it differently, can such an order be passed immediately..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 4
Saber Ahmed and 30 others (2nd party) Vs. Amir Hamja & 6 others, 1978, 7 CLC (HCD)
....case one of emergency, he may at any time attach the subject of dispute, pending his decision under this section.” There is no doubt that If the wordings of the said proviso are considered independently and without reference to other provisions of section 145 Cr.P.C. it would ap......ackground the High Court posed the question by saying:- “The question to be determined it at what stage of the proceeding initiated u/s 145 Cr.P.C. can an order of attachment and appointment of receiver be passed or, to put it differently, can such an order be passed immediately..Category: Criminal Law, Procedural Law | Date: 29 Mar, 1978 | Hits: 1
...., any order as to costs. The prayer for special leave to appeal is made but is refused.
M.H. Rahman J.-I agree.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 222
......and superintendence of the affairs of the Council including the administration of its fund. Officers and employees will be appointed by the Council on terms and conditions to be determined by if, but appointment of senior officers is subject to Government's approval. The Fund of the Council cons..
Category: Administrative Law, Constitutional Law | Date: 27 Feb, 1978 | Hits: 5
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......hall be an election". The use of the expression "if necessary" sets out certain conditions and we hold that passing of a resolution in a meeting which is an important item, namely, the appointment of a Managing Director cannot be subjected to certain conditions. If the Board of Direct..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Md. Mahboob Morshed Vs. Bangladesh and others, 1978, 7 CLC (HCD)
.... rule is discharged. There will, however, be no order as to costs. Shahabuddin Ahmed J. - I agrees. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 111 ......d was of no legal effect. 2. The petitioner's case, in brief, is that he was appointed on July 20, 1963 as Assistant Engineer in the then Pakistan Eastern Railway on a temporary basis. Later, his appointment was regularised by an order dated 24-2-1971 with effect from 20-7-63. Meantime he was pr..Category: Administrative Law, Employment/Service Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
.... in the eye of law by the Registrar since the joint Registrar who disposed of the power of review vested in the Registrar under section 135(2) of the Act and that the Joint Registrar got no independent power of review. In support of this contention Mr. Rafiqul Islam referred to amended sec......Registrar for review and revision under section 135(2) and there is no other provision in this act under which the Joint Registrar can review any order. Section 10 was amended for appointment of officers like the Joint Registrar to assist the Registrar and by a Notification the G..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Dr. Rashiduddin Ahmed Vs. Dr. Quamarunnahar Ahmed, 1978, 7 CLC (HCD)
....ter hearing the parties by the impugned order allowed temporary custody of the miner son and daughter to the opposite party on condition of depositing her passport in court, her staying in a separate independent flat with the minors in Dacca and allowing the minor daughter to continue her studies in......s an Associate Professor in the Post-Graduate Medical Institute, Dacca and father of the minor son and daughter filed an application under Section 10 of the Guardian and Wards Act, 1890 for appointment as guardian of his, minor children. The opposite party, the mother contested the case by..Category: Family Law | Date: 20 Jan, 1978 | Hits: 4
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